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1954 Supreme(All) 192

AGARWALA, M.L.CHATURVEDI
Lala Jamuna Prasad – Appellant
Versus
Sarda Prasad – Respondent


Advocates:
P.N. Shukla and H.N. Kapoor, for Appellants; Surendra Nath Verma, for Respondents.

Judgement

AGARWALA, J.:- This is an appeal by the judgment-debtors arising out of execution proceedings. The only point for consideration is whether the application for execution made by the respondents decree-holders in the Court below was barred by limitation. 2. The facts are simple. In 1937 a suit for partition of the family properties was filed. The suit was decreed on the basis of an award on 2-9-1938. An appeal against it was dismissed on 22-11-1938. By the award the house in dispute was allotted to the respondents decree-holders. A part of it was in possession of the judgment-debtors appellants. The decree-holders-respondents did not make any application for getting possession over the portion of the house which was in the occupation of the judgment-debtors within three years of the decree. They made the application after eleven years on 23-11-1949.

The decree-holders were Gajju Lal, his sen Jwala Prasad, and four sons of Jwala Prasad, namely, Sharda Prasad, Dharam Pal, Ram Pal and Krishna Pal. Of these decree-holders all the sons of Jwala Prasad were minors on the date of the decree. They were defendants to the suit in which the decree was passed and Jwala Prasad was shown a









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